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U.S. hands over alleged terrorist Daqduq to Iraq

The U.S. handed over to the Iraqi government on Friday a Lebanese man accused of killing American soldiers in Iraq, Ali Musa Daqduq. The move by President Barack Obama helps ease the U.S. effort to withdraw from Iraq by the end of the year, but the decision to turn Daqduq immediately drew harsh criticism from lawmakers who want the alleged Hezbollah operative to stand trial before a military commission.

A White House spokesman, Tommy Vietor, said President Barack Obama agreed that Daqduq should be tried by a military tribunal. In a statement, Vietor suggested that option was still on the table.

"Because of the President’s concerns about the crimes Daqduq is alleged to have committed, we worked a wide range of options consistent with U.S. and Iraqi law to affect his transfer to a U.S. military commission. We did so because we felt that was the fastest possible way to bring him to justice," Vietor said. "We are continuing to discuss this case with the Iraqis, and as of this morning, he has been transferred to Iraqi custody. We take this case very seriously, and for that reason have sought and received assurances that he will be tried for his crimes. We have worked this at the highest levels of the U.S. and Iraqi governments, and we continue to discuss with the Iraqis the best way to ensure that he faces justice."

U.S. military officials announced in July 2007 that they had captured Daqduq in Basra in March of that year, saying he was a senior Hezbollah leader trained and controlled by the Qods Force, a branch of Iran’s Revolutionary Guard, a claim Iranian officials denied.

The Status of Forces Agreement signed between Iraq and the U.S. in 2008, under President George W. Bush, called for all prisoners to be turned over to Iraqi authority by the end of 2011, Obama administration officials noted.

However, four senators issued a statement Friday afternoon slamming the administration for failing to persuade the Iraqis--whose prime minister was at the White House earlier this week--to cough up Daqduq.

“It is disgraceful that Ali Musa Daqduq, a Lebanese Hezbollah terrorist believed to be responsible for the deaths of at least five U.S. servicemen in Iraq, will be handed over to the Iraqi government, rather than transferred to the custody of the United States to stand trial for his crimes in a military tribunal under the laws of war," Senate Majority Leader Mitch McConnell (R-Ky.), John McCain (R-Ariz.), Joe Lieberman (I-Conn.) and Lindsey Graham (R-SC) said. "Coming on the heels of the Administration's failure to maintain a small American military presence in Iraq to support the fragile peace there, this failure to keep a committed murderer of Americans in U.S. custody sends exactly the wrong message to our allies and enemies in the region."

“The real test regarding Daqduq was not whether the United States should violate our security agreement with Iraq in order to maintain custody of him outside of the country. The real test was whether the United States could exercise our influence effectively with the Iraqi government to ensure that a committed killer of Americans would be held accountable for his crimes in the U.S. system of justice. The Administration has clearly failed that test," the senators wrote. "As a result, we are deeply concerned that Daqduq will never have to answer for his involvement in killing U.S. citizens, that he could be released from Iraqi custody for political reasons, and that he would then return to the fight against the United States and our friends.”

According to news reportts, the administration considered staging a military commission for Daqduq at a naval base in Charleston, S.C. A commission could also be held at Guantanamo Bay or elsewhere, but administration officials have said Obama will not send any additional prisoners to Guantanamo, which he still hopes to close eventually.

At a Senate hearing last month, Graham warned Attorney General Eric Holder not to try to bring Daqduq onto U.S. soil for prosecution.

"Mr. Attorney General, if you try to bring this guy back to the United States and put him in a civilian court, or use a military commission inside the United States, holy hell is going to break out," Graham said.

UPDATE: This post has been updated with information on the U.S.-Iraq security agreement.